George C. Luther Criminal Law Blog on Lawyers.com

There are many reasons why a person may be arrested or taken into custody.  You might be arrested if charges have already been filed against you, if you have been identified as being involved in some criminal activity, or have outstanding warrants due to failing to appear in court.  It is important to know and exercise your rights.  What happens at this stage of the proceeding can have a major effect on the outcome of the case.  Get an experienced criminal defense lawyer involved immediately.

It is important that you do not resist arrest or try to interfere in a criminal investigation otherwise additional charges may be filed against you. You cannot win the fight on the street.  Let your lawyer do your fighting for you in the courtroom.

In the Columbus, Ohio area where I practice, I am available 24 hours a day to help because I know my clients do not pick the times when they get arrested.

First, you are entitled to an attorney before you can be interrogated.  Ask to speak to an attorney before you make ANY statements or submit to any procedures such as obtaining your DNA, etc.  Do not sign a rights waiver indicating you are giving up your constitutional rights.

There are times when the police will hold a person or require them to appear for a one-on-one show up by witnesses.  This often happens if a person is in the vicinity of a recent robbery.  The person matching the description may be taken back to the scene of the crime for the witness to have the opportunity to see if they can identify the suspect. Once again, assert your right to an attorney and object to being taken anywhere unless you are under arrest.  Do this before this procedure is undertaken.  The officer will not allow you to have an attorney at that point but the request should still be made.  Again, do not argue or resist or try to interfere with the investigation at any time.

If you are arrested for a traffic offense such as OVI you will be asked to submit to a test of your alcohol.  The most common form of testing is the intoxilizer where you are asked to blow into a tube to provide a sample of your breath.  You should ask for an opportunity to speak to an attorney before you decide whether to take the test.  Most of the time the person is arrested in the middle of the night and it is difficult to contact an attorney at that time.  If you are unable to contact an attorney you have to make the decision on your own.

Refusing the test has various consequences.  For a first-time offender, the person's license is suspended for a period of one year.  Driving privileges can be granted after 30 days.  If the person has a prior OVI conviction in the last 20 years, the refusal carries penalties similar to an OVI conviction, 3 days in a driver intervention program and an additional 3 days in jail, plus other penalties.

There are many factors that affect the penalties that would apply to an OVI or refusal charge and the above is for purposes of demonstration of the consequences.

The OVI statute is quite complex and changes often as the legislature reacts to public pressure to try to make the penalties more severe.

In all instances, the assistance of an experienced criminal defense attorney is essential to protecting all of your rights and making sure your case is fairly handled throughout all court proceedings.

The key is to know your rights and not be intimidated or deceived by the police into waiving your rights.  Call an experienced criminal defense attorney immediately.

Coming up next: Know your rights before, during, and after an arrest -- part three (after the arrest)

George C. Luther, Attorney at Law, 536 South High Street, Columbus, OH 43215